Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for responding to Supreme Court Probate Office requisitions in Western Australia. Designed explicitly for probate clerks and wills and estates lawyers, this guide details defect correction workflows when the registrar raises issues with a probate or administration application. Additional procedural resources can be found on the WA Government Portal and the Western Australia Legislation Registry.
Jurisdiction: This guide applies to registry requisitions issued by the Probate Office of the (Level 11, David Malcolm Justice Centre), Australia. Verify current guidelines on the official .
Governing Legislation: Non-Contentious Probate Rules 1967 (WA) (as amended by Non-Contentious Probate (Amendment) Rules 2025 which covers effective 3 November 2025), Rules of the Supreme Court 1971 (WA), Administration Act 1903 (WA), Oaths, Affidavits and Statutory Declarations Act 2005 (WA), Wills Act 1970 (WA) (s 8 execution requirements which covers NB: WA uniquely allows beneficiaries and their spouses to witness a Will; they are NOT incompetent, unlike most other Australian jurisdictions).
Key Case Law: Te Paa v Evans [2026] WASC 214 (informal will - unsigned draft admitted where deceased expressed satisfaction; s 32 Wills Act 1970 dispensing power - document need not be signed if Court satisfied it embodies testamentary intentions). KT v MA [2025] WASC 150 (statutory will - Court approved will for person lacking capacity including discretionary testamentary trusts). Additional procedural resources can be found on the WA Government Portal and the Western Australia Legislation Registry.
The Process at a Glance: The Probate Office strictly audits all probate and administration applications. When deficiencies are identified, the registrar issues a requisition notice. The applicant has 90 days to respond. CRITICAL: All responses must be by way of affidavit sworn by the executor or administrator - the WA registry does NOT accept responses by letter or statutory declaration. Common requisition triggers include: name or date discrepancies between the Will and death certificate, unexplained physical marks on the Will (staple holes, paperclip marks, different inks), attestation clause deficiencies (NB: WA allows beneficiary witnesses but verify witness was 18+ with capacity), incomplete Inventory of Assets, incorrect form completion, and condition of Will issues. The process involves:, analysing the requisition, consulting the client, drafting a supplementary or corrective affidavit addressing each specific deficiency, executing the affidavit, filing the response bundle within the 90-day deadline. Practitioners should check the official WA Government Portal and Western Australia Legislation Registry for regular procedure updates.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Probate (Executor) - Correcting Registry Deficiencies (Requisitions) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Review the requisition notice, identify each deficiency, calculate the 90-day response deadline, and consult the client for necessary information.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft supplementary affidavits addressing each requisition point. Prepare any amended forms if required.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Execute all corrective affidavits and file the response bundle at the Probate Office within the 90-day deadline.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
***Wills Act 1970 (WA)*** s 8 execution requirements. NB: WA uniquely allows beneficiaries and their spouses to witness a Will under s 8 (unlike VIC/NSW/QLD where they are incompetent). However, registry may still requisition to confirm witness age (18+) and capacity.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.